Amphastar is seeking to sell a generic version of blood-thinner Lovenox, which Momenta owns two patents to. A federal judge ordered an injunction on the sale of the generic drug in October. However, with the Federal Circuit’s decision to stay the injunction, Watson and Amphastar made plans to sell the generic drug immediately, according to Bloomberg.

Although the Federal Circuit did not give a reason for its decision to stay the injunction, it did state that the order “does not represent a final decision with respect to the merits of the pending appeal.”

Further, Watson is taking a risk in immediately selling the generic Lovenox. If it later loses its case in court, it could be forced to reimburse Momenta and partner Sandoz Inc. three times the amount of any lost profits, Wells Fargo Securities analyst Michael Tong told Bloomberg.

Momenta had partnered with Sandoz to launch its own generic version of Lovenox under a royalty/profit-sharing agreement, according to The Journal.

And rest assured, Watson will not be taking the setbacks lightly.

“Any launch by Watson or Amphastar would be at risk and we continue to pursue our claims in the District Court,” Momenta Chief Executive Officer Craig Wheeler said in a statement. “We have confidence in the strength of our patents.”

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Federal Circuit features news and information from the U.S. Court of Appeals for the Federal Circuit, which has nationwide jurisdiction to hear appeals in specialized areas such as patent law and cases decided by the Court of International Trade and the Court of Federal Claims. This blog also features news that would be of interest to legal professionals practicing in the Federal Circuit. Have a comment or tip? Write to us.